Loading...
HomeMy WebLinkAboutPK15-002 - Amendment - #2 - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 01/01/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Stewart MacNichols Harmell, INC, PS Vendor Number (JDE): 35369 Contract Number (City Clerk): PY 15 - UD t- 00 Category: -Contract Agreement !1e Sub-Category (if applicable): Amendment p Project Name, Agreement for Indigent Services Contract Execution Date: 1-1-2015 Termination Date: 12-31-2020 Contract Manager: Lori Guilfoyle Department: Parks c Contract Amount: $8J0,000 Budgeted: W- Grant? Part of NEW Budget: Local: ❑ State: ❑ Federal: El Related to a New Position: El Basis for Selection of Contractor? Other Approval Authority: El Director 7 Mayor City Council Other Details: his is the Second Amendment to origin aagreem�ent � i71� -• I SECOND AMENDMENT TO AGREEMENT FOR INDIGENT DEFENSE SERVICES This Second Amendment to Agreement for Indigent Defense Services ("Second Amendment") is made between the CITY OF KENT, a Washington municipal corporation ("City") and STEWART MACNICHOLS HARMELL, INC., P.S., a Washington professional services corporation ("Contractor"), and amends the parties' Agreement for Indigent Defense Services ("Agreement") executed on December 22, 2014, with an Effective Date of January 1, 2015. I. RECITALS 1.1 The current Agreement is set to expire on December 31, 2018, with the first option to extend having been exercised through the First Amendment to Agreement for Indigent Defense Services, dated December 22, 2017 ("First Amendment"). Although the First Amendment contains a scrivener's error in Section 2.1 that the term was extended through December 31, 2019, the First Amendment as a whole makes it clear that the parties' intent was to simply exercise the first option to extend the Agreement for an additional one year term through December 31, 2018, as the original Agreement contemplated and authorized. 1.2 The Agreement provided for two options to extend for an additional one year term each. The first option to extend having been exercised through the First Amendment, the second and final option to extend the Agreement is exercised through this Second Amendment. Although the Agreement provides that the second option to extend is to be for a one year term, the parties wish to extend the Agreement for two additional years, with that second year being subject to Council approval and ratification prior to its effectiveness. If Council approval and ratification of this Second Amendment is obtained, the final term under this Second Amendment will expire at 11:59 p.m. on December 31, 2020. Otherwise, if Council approval and ratification is not obtained, the Agreement will terminate at 11:59 p.m. on December 31, 2019, at the expiration of the second option to extend. 1.3 In addition to extending the term of the parties' Agreement, the City and Contractor mutually agree to amend certain provisions of the Agreement as provided for within this Second Amendment. NOW THEREFORE, the City and Contractor agree as follows: SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 - December 31, 2019) INDIGENT DEFENSE SERVICES - 1 OF 5 (January 1-December 31, 2020 Conditioned on Council Ratification) II. AGREEMENT 2.1 Term. The parties have mutually agreed to exercise the second of two options to extend the Agreement for an additional one-year term. Without further action, upon full execution of this Second Agreement, the Agreement is extended through December 31, 2019. In addition to exercising the second option to renew the Agreement, the parties wish to extend the Agreement for an additional one year term through December 31, 2020. However, this second one year term is subject to Council approval and ratification. Upon such Council action, the Agreement's term will automatically extend through December 31, 2020, without further action of the parties. 2.2 Initial Client Contact. Section VI.A of the Agreement is amended as follows: A. Contact Prior to Court Hearinis. Contractor shall be available to defendants to ensure that defendants are provided with effective assistance of counsel. Defendant access to the Contractor prior to court hearings is paramount. At a minimum, Contractor shall endeavor to confer with all defendants about their cases vd6 as soon as Diractical from the time of appointment and again prior to court hearings. To that end and without limitation, Contractor will seek timely and confidential information from each defendant regarding possible defenses, the need for investigation, mental and physical health issues, immigration status, client goals, and the advisability of additional discovery. 2.3 Attorneys Required to Provide Services. Section XI of the Agreement is amended as follows: XI. NUMBER OF ATTORNEYS EMPLOYED. nt r rc�me­sFgf}tlf# , Gentracto pfev4id�e lessrtflidn the number of fuktf Fli E' positionsequivalent eed .he t`,a-Afer�er-re Contractor shall provide the number of attorneys sufficient to meet case load limas as provided for in the Agreement,. Contractor shall provide to the Human Services Department an up-to-date list of the names of attorneys and Rule 9 interns SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 -December 31, 2019) INDIGENT DEFENSE SERVICES - 2 OF 5 (January 1-December 31, 2020 Conditioned on Council Ratification) providing services under this Agreement, along with the experience of each attorney and intern. 2.4 Records Documenting Client Interactions. Section XIII B.i. of the Agreement is amended as follows: i. Attempts and actual contact with clients within the time narind ranuired by Section VI-A. and within 72 hours of appein ent in the in a manner developed by the Contractor to protect client confidentiality. 2.5 Maintaining Staff Presence at Court and Jail. Section XIII.D. of the Agreement is stricken in its entirety and replaced with the following placeholder: D. [Reserved]. 2.6 Estimate of Current Case Counts. Section XXI.A. of the Agreement is stricken in its entirety and replaced with the following placeholder: A. [Reserved], 2.7 Changes in Case Load. Section XXI.B. of the Agreement is amended as follows: B, Increases or Decreases in Case Load. The City and the Public Defender shall, at the option of either party, renegotiate this contract if there is a significant increase or decrease in the number of cases assigned. s j4a - -,eam a change: of more than ten 449°k y4n-t-he n t4rfated arid...e+eaty eases per year or seven--htffKl arrd seventy-(770) cases per quarter, the part�iez- I _•er-age and compensation to Public Defepdef, At the request of either party, the City and Public Defender will periodically review case assignment trends and any other matters needed to determine contract compliance or necessary contract modifications. Public Defender shall promptly notify the City when quarterly caseloads can reasonably be anticipated to require use of overflow or conflict counsel to assure that cases assigned to Public Defender remain within the limits adopted in this contract and comply with state and local standards. SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 - December3l, 2019) INDIGENT DEFENSE SERVICES - 3 OF 5 (January 1-December3l, 2020 Conditioned on Council Ratification) I 2.8 Client Representation After Termination. Section XXIII of the Agreement is amended as follows: XXIII. CONTINUATION OF REPRESENTATION AFTER TERMINATION In the event of termination of this Agreement and to the extent the client can be adequately represented, all cases assigned prior to the Agreement term expiration, including those which have not reach resolution, initial or otherwise, shall be transferred to the new service provider as efficiently and practicably as possible, and within the guidelines and restrictions of the Rules of Professional Conduct. Cases in progress at the Agreement expiration or termination that cannot be lawfully transferred at the time of expiration or termination will be compensated at one hundred- forty dollars ($140.00) per hour until completed or transferred to the new service provider,—wh+e� is most efficient n multaneousN ats--€ear4 protection of the Fights of the �aeeused. 2.9 Payment for Fndi ent Defense Services. Section XXVII.A. of the Agreement is amended as follows: A. Payment for Services. The City shall provide to Contractor for services rendered under this Agreement the sum of PI9 EIGHT HUNDRED FIFTY THOUSAND DOLLARS (S8S0.000) per year, payable on a pro rata basis through qual monthly payments of $70 833.33 per month from 3anuary 1,2015 January 1, 2019,� through Beeember-34-i 2017 December 31. 2019, though the final monthly. navmpnf fnr r)prPrnhpr of ?nlq will hp in the amount of 5701,833.37. If Council approval and ratification is obtained as reouired by the Second Amendment to extend the Acireement for an additional one year term the same monthly amount shall be paid by the Cit to Contractor for services rendered from, January 1. 2020, through December 31, 2020. Contractor Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Contractor's compensation shall be prorated based upon the SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 -December 31, 2019) INDIGENT DEFENSE SERVICES - 4 OF 5 (January 1-December 31, 2020 Conditioned on Council Ratification) number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. 2.10 Remaining Provisions Unchanged. All other provisions of the original Agreement, as amended by the First Amendment, and not inconsistent with this Second Amendment shall remain in full force and effect. 2.11 Ratification. All acts consistent with the authority of the Agreement, the First Amendment, and this Second Amendment, prior to the effective date of this Second Amendment, are hereby ratified and affirmed, and the terms of the Agreement, the First Amendment, and this Second Amendment shall be deemed to have applied. 2.12 Authority to Sign. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Second Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Second Amendment, which will become effective on the last date written below. CITY: CONTRACTOR: CITY OF KENT STEWART MACNICHOLS HARMELL INC., P.S. Fame: Dana Raloh Name KCN I-IAPJAf-L_L Title: Mayor _ Title }A , Date: � ? , .4,c � _� Date:.,.__12- /ZI /IFS. _. AP ` VED AS TO FORM: JCkyAttorney's Office , City CI rk a. Fl,.,oa, ,b.,.o. RIII--E-1,.11.,...II.wIoI..­ III111,.1.mmam n1.1.Id SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 -December 31, 2019) INDIGENT DEFENSE SERVICES - 5 OF 5 (January 1-December 31, 2026 Conditioned on Council Ratification) i REQUEST FOR MAYOR'S SIGNATURE KENT Print on Cherry-Colored Paper Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) rJl' Approved by Director r _ FReturn inator: Lori GU1lfoyle Phone (Originator): 5061 sent: 12-21-18 Date Required: 12-31-18 Signed Document to: Lori Contract Termination Date: 12-31-20 DOR NAME: Date Finance Notified: Stewart MacNichols Harmell, PS, Inc (only required on contracts /A -0 000 and over or on any Grant) �4Hat_his E 7F COYY Cg APPROVAL, akipieako n 'b s zoLs Date Risk Manager Notified:NA '".". ✓ 61,,G �5 . t, Re aired on Non Cit Standard cori 0_5 A re2menks Document been Specifrocall Account Number: Authorized in the Bud et? a YES No 10006380.64140. 1430 Brief Explanation of Document;. The Agreement provided for two options to extend for an additional one year term each. The first option to extend having been exercised through the First Amendment, the second and final option to extend the Agreement is exercised through this Second Amendment. Although the Agreement provides that the second option to extend is to be for a one year term, the parties wish to extend the Agreement for two additional years, pproval anc ra icat o n Orhi SeconAm"­­­­" enment s obtained the final term under this SecondIf Council with that second year bein sat ect to Council approval and ratification rror to Its effectiveness a Amendment will expire at 11:59 p.m, on December 31, 2020.,Otherwise, if Council approval and ratification is not obtained, the Agreement will terminate at 11:59 p.m. on December 31, 2019, at the expiration of the second option to extend, In addition, the Second Amendment to Agreement for Indigent Services reduces the current contract from $900,000 annually to $850,000 annually. All Contracts Must Be Routed Through The Law Dep Received: (This#ea to be completed by the taw Department) Approval of Law Dept.; Law De to Comments: ( I0)8 Date Forwarded to Mavor: - Shaded A o Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: DEC 2 8 2018 Disposition;/,4'' , City of Kent +� ice f the Mayor Date Returned: w., vnma wmvv. raevapn aWan ae. uvm pnv ury m White, Tammy From: Guilfoyle, Lori Sent: Thursday, December 27, 2018 5:31 PM To: Finn, Kelly;White, Tammy Subject: FW: Contract revision Please see below. Thankyoul Lori From: ken maidto:ken sf5mhlaw.comj Sent:Thursday, December 27, 2018 5:26 PM To:Guilfoyle, Lori<LGurlfovle@kentwa.pov> Subject: Re: Contract revision EXTERNAL Et�AaL Lori I do consent to swapping out the pages.The new language is how we were expecting the contract to be interpreted so no issues on my end. Thanks Ken Sent from my Sprint Samsung Galaxy 57. --------Original message-------- From: "Guilfoyle, Lori" <LGujlfoyIe@kentwa.eov> Date: 12/27/18 4:57 PM (GMT-08:00) To: 'Ken Harmell' <ken(asbrnhiaw,com> Subject: Contract revision Hi Ken —I revised the contract language to reflect payments, we didn't have the total contract amount of$850,000 in the contract. Attached is a PDF version of the Second Amendment with the added language highlighted that addresses the payment issue. If you are ok with this change, do you consent to us swapping out the first 4 pages of the version you signed with the first 4 pages of the attached? t